B-197890.OM, L/M, MAR 11, 1980

B-197890.OM: Mar 11, 1980

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PRECIS-UNAVAILABLE COMPTROLLER GENERAL: WE ARE FORWARDING THE CLAIM OF H. STATES THAT THE GOODS WERE RECEIVED BY THE GOVERNMENT. THE CONTRACTING OFFICER STATES THAT THE PRICE IS CONSIDERED FAIR AND REASONABLE AND RECOMMENDS PAYMENT IN THE AMOUNT OF $24.

B-197890.OM, L/M, MAR 11, 1980

PRECIS-UNAVAILABLE

COMPTROLLER GENERAL:

WE ARE FORWARDING THE CLAIM OF H. WEISS EXPORT CORPORATION FOR $25,243.00. THE CLAIMANT SEEKS REIMBURSEMENT FOR KITCHEN EQUIPMENT PROVIDED TO THE DEPARTMENT OF THE ARMY WITHOUT CONTRACTUAL COVERAGE.

THE CONTRACTING OFFICER, MAINZ MILITARY COMMUNITY, STATES THAT THE GOODS WERE RECEIVED BY THE GOVERNMENT, WITH THE EXCEPTION OF ONE FRYER AT A COST OF $756.00, AND THAT THE GOVERNMENT BENEFITTED FROM THE GOODS. THE CONTRACTING OFFICER STATES THAT THE PRICE IS CONSIDERED FAIR AND REASONABLE AND RECOMMENDS PAYMENT IN THE AMOUNT OF $24,487.00. ACCORDINGLY, PAYMENT ON A QUANTUM MERUIT, QUANTUM VALEBAT BASIS MAY BE WARRANTED. SINCE THE CLAIM EXCEEDS $25,000, WE FORWARD IT FOR YOUR CONSIDERATION IN VIEW OF ITEM 11, B-112701, JUNE 28, 1954, AS MODIFIED BY B-189738-O.M., SEPTEMBER 30, 1977.

INDORSEMENT

DIRECTOR, CLAIMS DIVISION

RETURNED. THE FIRM SHIPPED KITCHEN EQUIPMENT TO THE DEPARTMENT OF THE ARMY ON THE BASIS OF AN INFORMAL RATHER THAN A VALID FORMAL CONTRACTUAL, COMMITMENT. PAYMENT MAY BE MADE ON A QUANTUM VALEBAT BASIS IN THE AMOUNT OF $24,487 ($25,243 CLAIMED LESS $756 FOR THE ONE FRYER NOT RECEIVED BY THE USING AGENCY) SINCE THAT SUM HAS BEEN DETERMINED TO BE FAIR AND REASONABLE FOR THE EQUIPMENT RECEIVED, THE DEPARTMENT OF THE ARMY HAS BENEFITED FROM THE RECEIPT OF THE EQUIPMENT, AND THE UNAUTHORIZED ACTION HAS BEEN RATIFIED BY AUTHORIZED OFFICIALS OF THE GOVERNMENT. DAVE JARRETT CONSTRUCTION, B-197568, FEBRUARY 12, 1980, 80-1 CPD .